(A) Findings. The Village Council has determined it to be in the interest of the village to prohibit the smoking, use, or possession of tobacco by underage persons within the village, unless the underage person is accompanied by, and is in the residence of, that underage person’s parent or spouse who is not an underage person or legal guardian.
(B) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIGARETTES. Includes any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper reconstituted cigarette tobacco, homogenized cigarette tobacco, cigarette tobacco sheet, or any similar materials other than cigar tobacco.
SMOKE. To burn any substance containing tobacco, including a lighted cigarette, cigar, or pipe or to burn a clove cigarette.
TOBACCO PRODUCT or TOBACCO. Any product made from tobacco, other than cigarettes, that is made for smoking or chewing, or both, and snuff.
UNDERAGE PERSON. A person under 18 years of age.
USE TOBACCO. To chew or maintain any substance containing tobacco, including smokeless tobacco, in the mouth to derive the effects of tobacco.
(C) Prohibition. The following is to prohibit the smoking, use, or possession of tobacco by underage persons in the village.
(1) Unless otherwise permitted under this section, no underage person shall smoke or use tobacco or possess any substance containing tobacco in any public or private place in the village.
(2) Unless otherwise permitted under this section, no underage person shall order, share the cost of, purchase or attempt to purchase any cigarettes or tobacco product.
(3) No person shall knowingly furnish any false information as to the name, age, or other identification of any underage person for the purpose of obtaining or with the intent to obtain any cigarettes or tobacco product for an underage person, by purchase, or as a gift.
(4) No underage person shall knowingly show or give false information concerning his or her name, age, or other identification for the purpose of purchasing or otherwise obtaining any cigarettes or tobacco product in the village.
(5) No person shall sell or furnish any cigarettes or tobacco product to, or buy any cigarettes or tobacco product for, an underage person, unless the cigarette or tobacco product is given by a physician in the regular line of his or her practice or given for established religious purposes.
(6) No person who is the owner or occupant of any public or private place in the village which is not the residence of the underage person and is not the parent or legal guardian of an underage person, shall knowingly allow any underage person to remain in or on the place while smoking, using, or possessing any cigarettes or tobacco product.
(D) A violation of this section shall be a misdemeanor of the fourth degree. If the offender previously has been convicted of a violation of this section, then a subsequent violation of this section shall be a misdemeanor of the third degree.
(Ord. 1140-96, passed 10-22-1996)